Claimant v Waverley Medical Practice — 2024

The claimant worked for the respondent medical practice as a receptionist from 8 January 2024 until 15 November 2024, at an hourly rate of £11.92. The dispute concerned whether he was entitled to a backdated pay award linked to the Scottish Government's 2024 funding uplift, which the respondent later decided on 2 December 2024 and applied only to employees who were still employed on that date.

The tribunal first dealt with the respondent's strike-out application. It held that it did not have jurisdiction to hear the matter as a breach of contract claim because the claimant's right to the disputed payment had not arisen or been outstanding on termination. It nevertheless held that it did have jurisdiction to hear an unlawful deduction from wages claim under s.13 ERA 1996, because the issue was whether the claimant was contractually entitled to the backdated pay award as wages.

On the facts, the tribunal accepted that the respondent's consistent position, explained by Mr Thomas Nelson on several occasions and reflected in the email of 5 September 2024, was that only employees still employed when the award was made would receive it. It found that Miss Nicola Clarke's later discussion with the claimant was consistent with that position, and accepted the respondent's submission that at its highest she had said the claimant would receive the award only if he was still an employee when it was made.

The tribunal concluded that there was no contractual right to receive the backdated pay once the claimant had left on 15 November 2024, because the award was not made until 2 December 2024. It therefore held that the claim failed and was dismissed. No monetary award was made.